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(영문) 서울서부지방법원 2020.09.03 2020고단1650

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 22, 2020, the Defendant, at around 22:23, 2020, driven a rocketing car on the road of the 22-lane in front of the Ministry of National Defense, Yongsan-gu, Yongsan-gu, Seoul, the Defendant was required to comply with the drinking test by inserting the signals, etc. of pedestrians before the front door of the Ministry of National Defense, and making it possible for the Defendant to recognize that the Defendant was driven under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, drinking, Ra from the Seoul Yongsan Police Station Cman of the Seoul Yongsan-gu, the Defendant called after receiving the 112 report that the vehicle suspected of drinking was shocked by the signal, etc.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports on the defendant's legal statement;

1. Relevant provisions of Article 148-2 (2) and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., previous year and year 2000);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;